Estate planning

We recommend to all our clients to arrange what will happen to their estates in good time and to draw up a will, a joint will or a contract of inheritance. We assist with preparation and drafting. The content of these testamentary dispositions or contracts will depend on the personal and family situation.

The aim of regulating inheritance is above all to implement the client’s ideas as to which person or persons should enter into the client’s legal position after his or her death, and to what extent. One of the most important reasons for timely estate planning is to avoid the risk of disputes among potential heirs after the death of the decedent; well-considered and detailed arrangements can prevent unnecessary acrimony.

We also advise the appointment of an executor in certain cases. We also regularly act as executors and we support executors in the performance of their duties.

Transfers in anticipation of succession

In many cases, a person’s assets (and especially real estate and business assets), have appreciated significantly over the years,

while the provisions of the Inheritance and Gift Tax Act (ErbStG), in particular the tax rates and allowances, have remained unchanged for decades. As a result, in Munich and southern Germany, surviving spouses or children could be forced to pay estate tax even on the small house or condo they live in.

We assist in the arranging transfers in anticipation of succession (lifetime gifts, e.g. subject to the reservation of usufruct) and find arrangements that are adapted and practicable for the individual case.

Distribution of the estate

We support and advise our clients in the settlement of the estate after death, also in contentious settlement processes, between heirs, co-heirs and beneficiaries of the compulsory portion or the supplementary compulsory portion.

In accordance with our firm’s philosophy, our first objective is to seek amicable and fair settlements. If such an agreement cannot be found, disputes have to be settled with the help of the court, in which we are happy to provide support.

Probate proceedings

We support our clients during probate proceedings at the competent local probate courts, for example to obtain an inheritance certificate. We assist you in proceedings to clarify the order of succession, especially in the case of incomplete, interpretable or misleading testamentary dispositions. Our practice also includes the curatorship or administration of estates.

Inheritance and gift tax

Any acquisition by reason of death is subject to inheritance and gift tax.

The provisions of the law have not been adapted to changed circumstances for decades. There is therefore an increasingly greater need for advice and proactivity, both in structuring transfers in anticipation of succession and in settling affairs after death. We can only recommend to anyone affected to seek legal advice as soon as possible after a death occurs – especially in view of the short period during which an heir can disclaim a potentially burdensome inheritance.

We advise our clients on possible arrangements to preserve their assets or the assets of their deceased relatives for their heirs, usually the surviving spouse, children and grandchildren, and assist in any tax-related disputes.